Elrod v. Preferred Risk Mutual Insurance

The opinion of the court was delivered by

Fromme, J.:

This is an appeal from a summary judgment entered in favor of plaintiff in an action to recover on an insurance policy for damage to an automobile by flood.

The trial court entered summary judgment for the sum of $2,695 with interest. The defendant, Preferred Risk Mutual Insurance Company, appeals both as to liability and amount. We will continue to refer to the parties on appeal as plaintiff and defendant.

The following facts are not in dispute. They were set forth in stipulations, exhibits, affidavits, depositions and pleadings and were…